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See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
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FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:
September 28, 2012 Neil Grace, (202) 418-0506
neil.grace@fcc.gov
FCC INITIATES REVIEW OF MOBILE SPECTRUM HOLDINGS POLICIES TO
ENABLE A HEALTHY AND COMPETITIVE WIRELESS MARKETPLACE WITH CLEAR
AND PREDICTABLE RULES OF THE ROAD
Washington, D.C. – Today, the Federal Communications Commission (FCC) adopted a Notice of
Proposed Rulemaking (NPRM), initiating a fresh look at its mobile spectrum holding policies given the
changes in technology, spectrum availability, and the mobile marketplace since the last comprehensive
review of these rules more than a decade ago.
In recent years, large and small wireless providers, as well as trade associations and public interest
groups, have requested that the FCC review its current policies regarding mobile spectrum holdings to
keep pace with market changes.
With this NPRM, the FCC seeks comment on ensuring that its policies provide the certainty and
predictability needed to make informed investment decisions, including participation in upcoming
incentive auctions and secondary market transactions, while also promoting the competition needed to
sustain a healthy wireless marketplace.
The NPRM seeks comment on a number of issues, including:
· Continuing the current approach to evaluating mobile spectrum holdings in the context of
transactions and auctions—a case-by-case analysis, or moving to a different approach such as
bright-line limits;
· Including additional spectrum bands in evaluating spectrum holdings;
· Updating the Commission’s geographic market analysis, including to consider the impacts of
mobile spectrum holdings at the national as well as local levels;
· Whether the Commission should make distinctions among bands in assessing spectrum holdings;
and
· Updating the Commission’s attribution rules.
Action by the Commission September 28, 2012, by Notice of Proposed Rulemaking (FCC 12-119).
Chairman Genachowski, Commissioners Clyburn and Rosenworcel with Commissioner McDowell
approving in part/concurring in part and Commissioner Pai concurring. Separate statements issued by
Chairman Genachowski, Commissioners McDowell, Clyburn, Rosenworcel and Pai.
WT Docket No. 12-269
-FCC-
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